Understanding the Critical Order of Priority in Entitlement: Key Steps Under Testate and Intestate Succession in Nigeria

Understanding the Critical Order of Priority in Entitlement: Key Steps Under Testate and Intestate Succession in Nigeria

Introduction

Succession is an essential aspect of estate planning and administration, determining how a deceased person’s assets are distributed among their heirs and beneficiaries. In Nigeria, succession is broadly categorized into testate succession (where the deceased left a valid will) and intestate succession (where the deceased died without a will).

The laws governing succession in Nigeria are complex and are influenced by statutory laws, customary laws, and Islamic laws, depending on the deceased’s personal and religious background. Understanding the order of priority in entitlement under both testate and intestate succession is crucial for legal practitioners, beneficiaries, and administrators of estates.

This article provides an in-depth analysis of the hierarchy of entitlement, legal processes, and key considerations in estate distribution under both testate and intestate succession in Nigeria.

1. Overview of Succession in Nigeria

Succession determines how a deceased person’s property, debts, and obligations are managed and transferred to beneficiaries. The major laws governing succession in Nigeria include:

1. The Administration of Estates Law (applicable in many states).
2. The Wills Act 1837 (applicable in most states, with modifications).
3. The Wills Law of Various States (e.g., Lagos State Wills Law).
4. The Marriage Act (for statutory marriages and intestate succession).
5. Customary Laws (for individuals subject to traditional succession laws).
6. Islamic Law (for Muslims, guided by Sharia principles).

2. Testate Succession: Understanding the Order of Priority in Entitlement

Testate succession occurs when a person dies leaving a valid will that specifies how their estate should be distributed. The order of priority in testate succession is determined by the will, but certain legal principles must be observed.

2.1 Steps in Testate Succession

1. Reading of the Will – The will is formally read to the beneficiaries after the testator’s death.
2. Application for Probate – The named executors apply for probate to obtain legal authority to distribute the estate.
3. Verification of the Will’s Validity – The court ensures that the will complies with the necessary legal requirements.
4. Appointment of Executors – The testator’s appointed executors take charge of estate administration.
5. Settlement of Debts and Liabilities – The estate must first pay off debts, taxes, and obligations before distribution.
6. Distribution of Assets According to the Will – Beneficiaries receive their inheritance as specified in the will.

2.2 Order of Priority in Testate Succession

1. Executors – The individuals appointed by the testator to administer the estate take priority.
2. Spouse – If named in the will, the spouse is entitled to the share allocated by the testator.
3. Children – Legitimate and legally adopted children inherit as per the will’s provisions.
4. Other Family Members – Parents, siblings, and extended family members inherit only if they are named in the will.
5. Charitable or Religious Institutions – Some testators allocate portions of their estate to charities or religious bodies.

2.3 Legal Considerations in Testate Succession

• Revocation of Wills – A will can be revoked if the testator marries after making it unless stated otherwise.
• Challenge of a Will – Interested parties can contest a will based on fraud, undue influence, lack of capacity, or improper execution.
• Inheritance Rights of Illegitimate Children – Under statutory laws, illegitimate children may not automatically inherit unless explicitly included in the will.
• Right of Dependents to Challenge a Will – In certain cases, dependents may challenge the will if they were unfairly excluded.

3. Intestate Succession: Order of Priority in Entitlement

Intestate succession applies when a person dies without a valid will, leading to the automatic application of statutory or customary inheritance laws.

3.1 Steps in Intestate Succession

1. Appointment of Administrators – The court appoints administrators to manage the estate.
2. Grant of Letters of Administration – The administrators obtain legal authority to distribute the estate.
3. Payment of Debts and Taxes – The estate must first settle debts before distribution.
4. Distribution of Assets – The estate is distributed to heirs based on statutory or customary laws.

3.2 Order of Priority in Intestate Succession (Statutory Law)

Under the Administration of Estates Law (applicable in southern Nigeria), the following order of priority applies:

1. Spouse and Children – They receive the highest priority in inheritance. The estate is divided as follows:
   • The surviving spouse takes one-third of the estate.
   • The children share two-thirds equally.
2. Parents of the Deceased – If the deceased had no spouse or children, the estate goes to their parents.
3. Siblings of the Deceased – If no spouse, children, or parents exist, the estate is shared among siblings.
4. Extended Family Members – If no immediate family members exist, the estate goes to relatives such as uncles, aunts, and cousins.
5. The State (Escheat Rule) – If no eligible heir is found, the estate reverts to the government.

3.3 Order of Priority in Intestate Succession (Customary Law)

Customary law varies across ethnic groups in Nigeria, but general principles include:

1. First Son (Primogeniture) – Among some ethnic groups (e.g., Igbo), the first son may inherit the father’s estate exclusively.
2. Male Children over Female Children – Some customary laws favor male heirs over female heirs, particularly in rural areas.
3. Extended Family Involvement – In many cultures, the deceased’s brothers or paternal uncles may inherit part of the estate.
4. Widows and Daughters’ Inheritance Limitations – In some traditions, widows and daughters do not inherit land or property directly.

3.4 Order of Priority in Intestate Succession (Islamic Law)

Under Sharia law, intestate succession follows strict inheritance principles based on fixed Quranic shares:

1. Spouse – The surviving spouse receives one-quarter (if no children) or one-eighth (if there are children).
2. Children – Sons inherit twice the share of daughters, based on Islamic principles.
3. Parents – If alive, parents receive a fixed share of the estate.
4. Other Relatives – Siblings, grandparents, and extended family members inherit if closer heirs are absent.

4. Key Challenges in Succession Cases

4.1 Family Disputes

• Conflicts often arise among heirs over asset distribution.
• Litigation can delay estate administration for years.

4.2 Lack of Proper Documentation

• Many Nigerians die intestate, leading to confusion and inheritance battles.
• Unregistered land and property complicate asset distribution.

4.3 Cultural and Religious Conflicts

• Some traditional inheritance rules disadvantage women and younger siblings.
• Disputes arise when statutory law contradicts customary or Islamic law.

5. How to Avoid Succession Disputes

1. Make a Valid Will – This ensures that assets are distributed according to your wishes.
2. Obtain Legal Advice – Consult an estate lawyer for guidance on succession laws.
3. Proper Documentation – Keep clear records of property ownership and financial assets.
4. Use Mediation for Dispute Resolution – Family mediation can resolve inheritance conflicts without court battles.
5. Educate Beneficiaries – Awareness of inheritance rights can reduce disputes.

Conclusion

Understanding the order of priority in entitlement under testate and intestate succession is crucial for proper estate planning and dispute resolution in Nigeria. Whether following statutory, customary, or Islamic laws, individuals must ensure proper documentation and legal compliance to prevent inheritance conflicts.

Contact Us

Understanding succession laws in Nigeria is crucial to ensuring a smooth transfer of assets and preventing inheritance disputes. Whether you need help with will drafting, estate planning, probate, or inheritance litigation, our team at Chaman Law Firm is ready to assist you.

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✉ Email: chamanlawfirm@gmail.com

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